PORT PERRY -- Erica, left, and her sister, Shannon Deering, on June 9, with their dogs, Kali and Bubba. An appeals court upheld a court decision that ruled Scugog and Oshawa were two-thirds responsible for an August 2004 crash that left the sisters injured and in wheelchairs. June 9, 2012

Coates Road at Simcoe Street

PORT PERRY -- Scugog and Oshawa will apply to the Supreme Court of Canada in an effort to overturn an Ontario appeals court decision that held the municipalities partially liable for an accident that left Shannon and Erica Deering quadriplegic, says Scugog's mayor.

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In a ruling released last Thursday, the Ontario Court of Appeal rejected arguments by the municipalities that they bore no liability for the 2004 crash that left the Port Perry sisters quadriplegic.

However, on Tuesday, Scugog Mayor Chuck Mercier confirmed that the municipalities will seek to appeal last week's decision before Canada's top court.

"It's not really about the Deering sisters, it's about liability on our roads," said Scugog's mayor. "We really have to look at what this decision means to municipalities."

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Mayor Mercier said legal and insurance representatives on behalf of both municipalities will discuss taking the matter to the Supreme court.

"They are moving forward to see if they can advance this," he said. "This is just an indicator this is more complicated than a couple of injured people."

Roger Oatley, the lawyer representing Shannon Deering, also said Tuesday that Scugog and Oshawa will seek to appeal last week's decision before the Supreme Court of Canada.

"It doesn't end here. We thought it was going to end," said Mr. Oatley, of Oatley, Vigmond Personal Injury Lawyers LLP.

Bob Duignan, Oshawa's City manager, explained Tuesday morning that the determination to contest last week's appeals court decision is out of the City's hands.

"That's not a decision for us, it's for our insurers," said Mr. Duignan. "There is no definitive response to that yet. We're still waiting to hear from our insurers."

Last week's appeals court decision also dismissed a cross appeal by Shannon Deering, the driver of the vehicle involved, that argued her portion of liability for the crash ought to be greatly reduced.

The rulings uphold findings of Superior Court Justice Peter Howden, who ruled after a lengthy civil trial in 2010 that Oshawa and Scugog each bore one-third liability for the crash, while Shannon Deering was also one-third responsible.

The lawsuit arose out of an accident that occurred on the night of Aug. 10, 2004, when Shannon and Erica Deering, along with three friends, drove down Coates Road on their way to the movies in Whitby. Shannon, the driver, took evasive action when it appeared an oncoming car had veered into her lane; her car rolled and hit a rock culvert.

The Deering sisters sustained catastrophic spinal injuries. The other three passengers were also injured.

Oshawa and Scugog appealed Justice Howden's ruling that the municipalities bore liability based on deficiencies with Coates Road, including its lack of lighting and a centre line, and its excessive narrowness. The judge also ruled Shannon partially responsible, finding she was driving too fast at the time of the crash.

Following last week's appeals court decision, Shannon Deering sounded hopeful that the sisters' journey through the legal system was nearing an end.

"We were really happy it came about the way it did. It was kind of a toss-up; in one way we're really thrilled because it could have gone a lot worse," she said of the ruling. "It'll be eight years in August and it's been a long eight years. We're ready to move on with our lives."

Shannon, now 26, remains living in Port Perry and volunteers once a week with Grade 1 students at a local school. Her younger sister Erica, 23, is continuing her education in Florida.

The sisters were left with limited mobility following the 2004 crash and not much as changed, said Shannon.

"We're about the same, there's a lot of ups and downs -- nothing worse but not much better," said Shannon, stressing she's diligent about completing physiotherapy and other exercises.

"I'm thankful that I at least have the ability of limited ability and I'm trying to maintain what I have," she said.

In their case before Ontario's top court, the municipalities argued the original judge erred in finding the road was in a state of non-repair, contending that Shannon Deering's driving caused the crash. But the appeal court ruled Justice Howden's reasoning was sound.

The court also rejected Shannon Deering's argument that while her driving that night was negligent, it represented a "momentary lapse in judgment" and her liability for the crash ought to be reduced to one-tenth, with the other 90 per cent assigned to the municipalities.

"I had hoped the judge would see our side and that (one-third responsibility) number would drop a bit, but it didn't go up any higher. Thank God for that," said Shannon.

"They were trying to make me responsible," she said of the municipalities.

The appeal court agreed with Justice Howden's finding that Shannon was driving at 90 km/h in an area posted at 80 km/h and that she was "essentially oblivious to the need for caution given the road conditions confronting her."

The portion of the trial to determine damages has not yet occurred. In a release sent out on behalf of Mr. Oatley, Shannon Deering's lawyer, it noted the total claims by the sisters are in excess of $30 million.

Shannon refused to discuss numbers last Friday, but she scoffed at the $30-million figure, calling it "completely not true, it's a ridiculous number."

Any funds awarded to the sisters, said Shannon, would go to their life-long care costs.

"Being in a wheelchair is an expensive life," she said. "We would gladly accept no money and have the ability to walk again."

Mr. Oatley explained that any amount awarded to Shannon would be reduced in line with the court's ruling of her responsibility in the crash.

During a discussion on Tuesday morning, Mayor Mercier repeatedly stated the matter is not a personal one regarding the Deering sisters.

"This has nothing to do with the Deering sisters. This town stepped up for them after the accident," stressed Scugog's mayor. "It's about who pays when accidents happen on our roads when our roads are in sound condition."

Cities and towns across the nation, he added, are fearful that this "could turn into a really bad precedent-setting case.

"Municipalities all across the country are talking about this case and they're very concerned about what it could mean for them," he said.